Sassafras walks a legal tight‑rope in Australia. While the plant itself can be cultivated, the possession, sale and use of its bark, roots and oil—especially those containing safrole—are strictly controlled under the Commonwealth Poisons Standard. As of today, commercial distribution of safrole‑rich extracts is prohibited, but a limited exemption exists for culinary herbs provided the safrole content is below 0.2 % w/w. A major overhaul is slated for 2026, when the Therapeutic Goods Administration is expected to re‑classify low‑dose safrole products, potentially easing restrictions for food‑grade uses while tightening controls on high‑potency extracts.
Current Legal Status
Under the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP), sassafras bark and root extracts containing more than 0.2 % safrole are listed in Schedule 4, meaning they require a prescription or a special permit. The same material in its raw herb form, with safrole below the threshold, is unscheduled and may be sold in supermarkets and health stores. Importers must declare the product to the Australian Border Force and obtain a Therapeutic Goods Administration (TGA) permit if the safrole level exceeds the limit. Violations can lead to fines up to AU$55,000 per offence and, in severe cases, prosecution under the Customs Act.
Anticipated Changes in 2026
The 2026 review of the Poisons Standard is driven by two trends: rising consumer interest in natural flavourings and ongoing concerns about safrole’s carcinogenic potential. Draft amendments propose:
- Re‑scheduling low‑dose safrole (≤0.2 % w/w) from Schedule 4 to an exempted “low‑risk” category, allowing broader retail sale without a permit.
- Introducing a new Schedule 5 sub‑class for high‑potency safrole extracts, imposing stricter record‑keeping and limiting sales to licensed laboratories.
- Aligning Australian limits with the Codex Alimentarius standards, which set a maximum of 0.2 % safrole for food products.
If enacted, businesses will need to adjust labelling, product testing and supply‑chain documentation by mid‑2026.
Implications for Consumers and Industry
- Home cooks can continue using fresh sassafras leaves and ready‑made spice mixes, provided the product label confirms compliance with the 0.2 % safrole threshold.
- Food manufacturers should audit their ingredient specifications now, as the upcoming re‑classification may reduce the regulatory burden for compliant products.
- Pharmaceutical firms must prepare for tighter controls on medicinal extracts, potentially shifting research toward synthetic analogues with lower safrole content.
Frequently Asked Questions
Is it illegal to grow sassafras trees in Australia?
No. Cultivating the tree for ornamental or horticultural purposes is allowed. Restrictions apply only to the harvested parts that contain safrole above the legal limit.
Can I buy sassafras tea in a supermarket?
Yes, commercially packaged sassafras tea sold as a food‑grade product must contain safrole below 0.2 % w/w. Such products are unscheduled and can be purchased without a permit.
What penalties apply for importing high‑safrole sassafras oil?
Importers who fail to obtain a TGA permit for oil exceeding the safrole threshold face fines up to AU$55,000 per offence and possible seizure of the goods by customs officials.
Will the 2026 changes affect existing licences for research labs?
Licences issued under the current Schedule 4 framework will remain valid, but labs must re‑apply for the new Schedule 5 sub‑class if they continue to work with high‑safrole extracts after the amendment takes effect.
How can businesses ensure compliance before 2026?
Conduct third‑party laboratory testing to verify safrole content, update product labels to display the percentage clearly, and maintain accurate import and distribution records in line with TGA requirements.